Legal & Disclaimer Agreement
Welcome to Twinkle Co’s www.twinkleco.com web site (herein called “Website”).
The information on this Website is provided as a service to prospects, customers, dredge users and students of
hydraulic dredge mining.
PLEASE READ THESE TERMS AND CONDITIONS (HEREIN CALLED “AGREEMENT”) CAREFULLY.
YOUR USE OF THIS WEBSITE CONSTITUES YOUR AGREEMENT TO THIS AGREEMENT.
IF YOU CANNOT ABIDE BY THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE.
If you ignore or otherwise bypass this Agreement, your use of this Website still binds you to this Agreement.
Twinkle Co may revise this Agreement at any time so you should visit this page periodically to review this Agreement.
Twinkle Co reserves the right to update or modify this Agreement at any time without notice. Your use of the Twinkle Co Website following any such change constitutes your agreement to follow and be bound by the revised Agreement.
Please review this Agreement whenever you use this Website.
Copyrights and Trademarks
Unless otherwise noted, all materials including images, illustrations, designs, photographs, and written and other materials (herein called “Contents”) that are part of this Website are copyrights, trademarks, or other intellectual property owned, controlled or licensed by Twinkle Co, one of its affiliates or by third
parties. Said Contents are protected by U.S. and international copyright laws.
Use of this Website
This Website and its Contents are solely for informational, personal or authorized commercial use.
Permission is granted to download, copy and distribute the Contents displayed on the Website subject to the following:
1. You may not distribute, modify, transmit or use the Contents of this Website for public or commercial purposes without prior written permission of Twinkle Co.
2. Any copies of the Contents of this Website must include the copywrite notice.
3. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
4. Except as may be expressly authorized by Twinkle Co, and except as noted above, you may not reproduce, publish, transmit, distribute, display, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents in a manner that would be deleterious to the interests of Twinkle Co or its affiliates.
Submissions from Users
All comments, feedback, emails, suggestions or ideas (herein called “Submissions”) disclosed,
submitted or offered to Twinkle Co concerning this Website shall become and remain Twinkle Co property.
Conveyance of Submissions shall constitute an assignment to Twinkle Co of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Submissions. Thus, Twinkle Co will own exclusively all such rights, titles and interests and shall not be limited in any way in its use of any Submissions. Twinkle Co
is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to any user any compensation for such Submissions; or (3) to respond to any user Submissions. You agree that no Submissions submitted by you in connection with your use of this Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions submitted by you in connection with your use of the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions
you make. We welcome comments regarding Twinkle Co’s www.twinkleco.com Website. However, Submissions submitted by you shall become and remain the exclusive property of Twinkle Co. Our receipt of any such Submissions shall constitute an assignment to Twinkle Co of all worldwide right, titles and interests in all copyrights and other intellectual property rights in the Submissions. Twinkle Co will be entitled to use, reproduce, disclose, publish and distribute any Submissions for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, do not send us any ideas, comments or confidential information that you do not wish to assign to us.
Disclaimers of Liability
The user of this Website assumes all responsibility and risk for the use of this Website or any other linked web sites and the internet generally. Twinkle Co and its affiliates disclaim all warranties, representations or endorsements, express or implied, with regard to the information accessed from, or via, this Website or any other linked web site or the internet generally, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property rights.
Twinkle Co does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on this Website or other material accessible from this Website. In no event shall Twinkle Co and its affiliates or shareholders, directors, agents, officers or employees of any of them be liable for any special, incidental, indirect or other consequential damages or any damages whatsoever, resulting from any use of this Website or any other linked web site or the internet generally, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Twinkle Co is advised of the possibility of such damages and whether such damages arise in an action of negligence, contract or other tortious or legal action. Twinkle Co shall not be liable for damages of any kind whatsoever arising out of your reliance on the information on this Website.
Twinkle Co assumes no responsibility, and shall not be liable for any damages resulting from viruses that may infect your computer equipment, data, software or other property on account of your use of, access to, browsing or downloading of any Content from this Website or any other linked web sites or the internet generally.
This disclaimer does not apply to any product warranty offered by the manufacturer of the item.
Limitation of Liability
Under no circumstances, shall Twinkle Co or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Twinkle Co www.twinkleco.com Website or any other linked web site.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether special, consequential, general, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of Twinkle Co has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with the www.twinkleco.com Website or with the Twinkle Co terms and conditions, your sole and exclusive remedy is to discontinue using the Twinkle Co www.twinkleco.com Website. You acknowledge by your use of this Website, that your use of the Website is at your sole risk.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Twinkle Co under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
Disclaimer of Endorsement
Reference in this Website to any processes, products, services, links to third parties or other information by trademark, trade name, supplier, manufacturer or otherwise does not necessarily constitute or imply its endorsement, sponsorship, approval or recommendation by Twinkle Co or its affiliates. Product and service information is the sole responsibility of each individual vendor. If you link from this Website to any other web site it is at your own risk.
Software and other materials from this Website may also be subject to United States Export Control. Per the United States Export Control laws, no data or software from this Website may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Twinkle Co does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.
Law, Forum Indemnification
This Agreement shall be governed exclusively by its terms and by the laws of the State of Iowa as applied to contracts entered into in Iowa between Iowa residents without regard to the state’s rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Muscatine County, Iowa with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys fees or other expenses in connection with enforcing or defending our right under this Agreement with respect to your use of the Website, you shall reimburse us for such attorneys’ fees and expenses. The user agrees to indemnify Twinkle Co against any and all claims and expenses, including attorneys’ fees, arising from the user’s use of the Website or breach of this Agreement.
Any illegal or unenforceable provision of this Agreement shall not affect the validity and enforceability of any legal and enforceable provisions of this Agreement. The provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any Twinkle Co obligations.
Last revised September 10, 2004
©2004 Twinkle Co